Does a babys father have to be on the birth certificate to pay child support? 23 Answers as of June 08, 2011

I have a friend, and she is going to be having a baby. She has an idea who the baby's father is; if he does not sign the birth certificate does he still have to pay child support? And can she get a court order for him to have a DNA test done?

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Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
Yes, she should file a lawsuit to establish paternity and child support or go to the local office of state child support enforcement and sign up for their services to do it for her at little or no cost.
Answer Applies to: Virginia
Replied: 6/8/2011
Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
She can contact DHR to represent her through the process. DNA will be required. Stay well.
Answer Applies to: Alabama
Replied: 6/8/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
Yes, if he is the father; and yes, a Court will if requested order him to submit to DNA. It is called a suite to establish paternity. He, putative father, has the right to deny paternity, but he cannot deny it and refuse DNA. Whether he is on the birth certificate or not, he can be served with papers, ordered to submit to DNA and if he is the father, ordered to pay support.
Answer Applies to: Texas
Replied: 6/7/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
It does not matter whether or not a father is named on the birth certificate. If he is the biological father of the child, he can be ordered to pay child support. Your friend can either retain an experienced Family Law Attorney, or contact the local Child Support Agency (in Los Angeles, that is CSSD - Child Support Services Department) to bring a child support action - and in either action, the suspected father will be required to take a DNA test. The Child Support Agency case is without cost, but since overworked public servant Attorneys do the work, they can be slow and difficult/impossible to contact, whereas private attorneys cost money but are (or should be) efficient and accessible. In the private attorney case under the Uniform Parentage Act (commonly known as a Paternity case), your friend would need to seek child custody orders, as well as child support and attorneys' fees, but the father could request affirmative relief, i.e., custody or visitation orders on his own behalf.
Answer Applies to: California
Replied: 6/7/2011
Vermeulen Law office P.A.
Vermeulen Law office P.A. | Cynthia J.Vermeulen
I practice law in Minnesota, so I can only answer this question under its laws: There is a form called a Recognition of Parentage (ROP) which acknowledges paternity. The father's name does not have to be listed on the birth certificate in order to be obligated for child support. A court order can be obtained to order a DNA test. Your friend should contact an experienced family attorney in your state to discuss these issues and obtain legal advice.
Answer Applies to: Minnesota
Replied: 6/7/2011
    Law Office of Robert L. Fiedler
    Law Office of Robert L. Fiedler | Robert L Fiedler
    If she has questions about who is the father, it doesn't speak well for her morals and sense of self. Besides that, if she were to seek child support, she would have to name a father. He can then insist on DNA testing.
    Answer Applies to: Connecticut
    Replied: 6/7/2011
    Law Office of John C. Volz
    Law Office of John C. Volz | John C. Volz
    In order for him to pay child support, she would need to file a paternity action. The court would require him to have a DNA test performed.
    Answer Applies to: California
    Replied: 6/6/2011
    Komanapalli Massey LLP
    Komanapalli Massey LLP | Mark A. Massey, Esq.
    If she wants the man who she claims is the father to pay child support after it is born (you cannot get it before the child is born), she must file an Order to Show Cause in the Family Law Court requesting support and naming him in her petition as the father. He need not appear on the birth certificate. She will be required to have that man served with all the paperwork she files, and the court will make support orders unless he comes in and denies paternity and submits to a DNA test to prove it.She should either hire an attorney to if she wishes to do it herself, she can with the help of the Court's "Facilitator."
    Answer Applies to: California
    Replied: 6/6/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    No. But he only has to pay child support if a court rules that he is the father and then orders him to pay support. If that happens, the birth certificate will be changed to show that he is the father. If she starts a paternity case to get child support, he will have to admit or deny paternity. If he denies it, the court will order paternity testing. If the tests show he is the father, he will probably be required to bear all the cost of testing. If they show he isn't the father, mother will probably have to pay for the tests.
    Answer Applies to: Colorado
    Replied: 6/6/2011
    Gresham Family & Bankruptcy Law
    Gresham Family & Bankruptcy Law | Lillian Suelzle Watson
    Does a babys father have to be on the birth certificate to pay child support? No. If she applies for State food stamps or health care, the State of Oregon will ask her could be the father. They will require that he take a DNA test. If he is father, they will require he pay child support.
    Answer Applies to: Oregon
    Replied: 6/6/2011
    Vermeulen Law office P.A.
    Vermeulen Law office P.A. | Jacob T. Erickson
    The birth certificate is legally insignificant. It does not create any rights, and failing to sign it does not absolve anyone of any liability. A mother can get child support from a father regardless of the birth certificate. There is a process to establish his paternity, and once he is established as the father, child support can be ordered. The County will go through this process on her behalf if she applies for, and is granted, State aid. Otherwise, she can hire an attorney or ask for the paperwork from the local courthouse.
    Answer Applies to: Minnesota
    Replied: 6/6/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    In Georgia, even if the father does not sign the birth certificate, the mother can bring a paternity suit to establish that he is the father and to seek establishment of parental rights, including paying child support. A DNA test should be expected, if he contests being the father. See a family lawyer as soon as possible to discuss all your rights. Good luck!
    Answer Applies to: Georgia
    Replied: 6/6/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    Paternity must be determined by the court or admitted by the father. Please have your friend consult a local attorney familiar with paternity issues for further information.
    Answer Applies to: Ohio
    Replied: 6/6/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    A child's father must be adjudicated as the parent either by paternity action or by signing a recognition of Parentage without revocation.
    Answer Applies to: Minnesota
    Replied: 6/3/2011
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    Yes, and yes, depending. Your friend will have to file a Paternity case, with an Order to Show Cause, re: Paternity, DNA test, custody and child support. She will move the Court to order a DNA test. After that, unless there is a forthcoming Stipulation to Paternity, and assuming the test reveals what she believes it will reveal, she will move for an order determining custody and visitation, and of course, child support. A father should help support his child.
    Answer Applies to: California
    Replied: 6/3/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Before anyone pays support, paternity must be established. Regardless of whether or not he is on the birth certificate, paternity is only established in California by signing a voluntary declaration of paternity or by entry of a Paternity Judgment (if the parties aren't married at time of conception). If your friend desires to establish a support order and is in my area, please have her contact me for a free consultation.
    Answer Applies to: California
    Replied: 6/3/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    She would have to file a paternity and child support action against the father and a DNA test could be done as a part of that case and if he is the father, he will be required to pay child support even if his name is not on the birth certificate.
    Answer Applies to: Georgia
    Replied: 6/3/2011
    Naomi Hirayasu Attorney at Law
    Naomi Hirayasu Attorney at Law | Naomi Hirayasu
    Even if father is not on the birth certificate, she can file a paternity action and name father as natural father and have him served with papers. If he enters an appearance, the judge can order genetic testing and make orders regarding child custody and support based on the results of the test. My contact information is below. Please feel free to contact me with any further questions or concerns.
    Answer Applies to: Hawaii
    Replied: 6/3/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    Yes, she can request an order that the suspected father submit to a DNA test. If a man is determined to be the biological father via testing, then yes, he can be ordered to pay child support.
    Answer Applies to: California
    Replied: 6/3/2011
    Beresford Booth PLLC
    Beresford Booth PLLC | S. Scott Burkhalter
    You friend should contact support enforcement in the state in which you live. Yes, he can be required to submit to a paternity test in a paternity action.
    Answer Applies to: Washington
    Replied: 6/3/2011
    Van Der Jagt Law Firm
    Van Der Jagt Law Firm | Grant Van Der Jagt
    If a paternity test is conducted, the father may be ordered to pay.
    Answer Applies to: Colorado
    Replied: 6/3/2011
    Howard W. Collins, Attorney at Law
    Howard W. Collins, Attorney at Law | Howard W. Collins
    Until paternity is established a father does not have to pay child support; however child support can relate all the way back to the date of birth at the time paternity is established. The mother merely needs to apply through her local District Attorney support enforcement division to get the ball rolling for establishing paternity and child support at no cost to the mother; although it may take awhile due to their crushing workload. You can always hire a lawyer to do the same thing, but it will cost you for his or her services.
    Answer Applies to: Oregon
    Replied: 6/3/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    While there are many advantages to a child to have his father on the birth certificate, bio-dad must pay support whether or not he is listed. As soon as the baby is born, she either needs to hire a lawyer, or go to the state child support office, which can help her (including DNA testing) at no charge.
    Answer Applies to: Georgia
    Replied: 6/3/2011
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